Title 10, Property Rights and Transactions

No provision contained in any bylaw, rental agreement, regulation or rule pertaining to a facility shall: (1) Infringe upon the right of persons who rent spaces in a facility to peaceably assemble in an open public meeting for any lawful purpose, at reasonable times and in a reas…

(1) No provision in any bylaw, rental agreement, regulation or rule may infringe upon the right of a person who rents a space for a manufactured dwelling or floating home to invite public officers, candidates for public office or officers or representatives of a tenant organizati…

(1) In addition to the prohibitions of ORS 90.385, a landlord who rents a space for a manufactured dwelling or floating home may not retaliate by increasing rent or decreasing services, by serving a notice to terminate the tenancy or by bringing or threatening to bring an action …

(1) For disputes subject to mediation under this section, if any party initiates mediation under this section, mediation is mandatory. A landlord of a tenancy subject to ORS 90.505 to 90.850 shall establish a mediation policy to resolve disputes related to: (a) Landlord or tenant…

In addition to mandatory mediation required under ORS 90.767, a facility may establish an informal dispute resolution procedure that ensures each issue with merit is addressed within 30 days after receipt of a formal complaint. [Formerly 446.547]

(1) In order to foster the role of the Housing and Community Services Department in mediating and resolving disputes between landlords and tenants of manufactured dwelling and floating home facilities, the department shall establish procedures to maintain the confidentiality of i…

The Housing and Community Services Department may adopt rules necessary to carry out the provisions of ORS 90.771. [Formerly 91.955; 2001 c.596 §49] (Facility Purchase)

(1) The State of Oregon encourages affordable housing options for all Oregonians. One housing alternative chosen by many Oregonians is facility living. The Legislative Assembly finds that many facility tenants would like to join together, alone or in cooperation with an associate…

(1) The Director of the Housing and Community Services Department may lend funds available to the Housing and Community Services Department to provide funds necessary to carry out the provisions of ORS 456.581 (2). Such funds advanced shall be repaid to the Housing and Community …

(1) An owner of a facility shall give written notice of the owner’s interest in selling the facility before the owner markets the facility for sale or when the owner receives an offer to purchase that the owner intends to consider, whichever occurs first. (2) The owner shall give…

(1) Within 15 days after delivery of the notice described in ORS 90.842, if the tenants choose to compete to purchase the facility in which the tenants reside, the tenants must notify the owner in writing of: (a) The tenants’ interest in competing to purchase the facility; (b) Th…

(1) During the process described in ORS 90.842 to 90.850, the parties shall act in a commercially reasonable manner, which includes a duty of the owner of the facility to consider in good faith any offer from the tenants or an entity formed by or associated with the tenants and t…

(1) With regard to a sale or transfer of a facility, ORS 90.842, 90.844 and 90.846 do not apply to: (a) Any sale or transfer to an individual who would be included within the table of descent and distribution if the owner of the facility were to die intestate. (b) Any transfer by…

(1) In addition to providing notice as required by ORS 90.842, upon sale of a facility under ORS 90.842 to 90.850 or upon any sale, transfer, exchange or other conveyance of a facility described in ORS 90.848, the owner shall give notice of the conveyance to the Housing and Commu…

(1) A facility owner may present for recordation, in the County Clerk Lien Record of the county in which the facility is located, an affidavit in which the owner certifies that: (a) The owner has complied with the requirements of ORS 90.842, 90.844 and 90.846 with reference to an…

As used in ORS 90.865 to 90.875: (1) “Buyer” has the meaning given that term in ORS 72.1030; (2) “Facility” has the meaning given that term in ORS 90.100; (3) “Landlord” has the meaning given that term in ORS 90.100; (4) “Manufactured dwelling” has the meaning given that term in …

A seller of a manufactured dwelling who is subject to ORS 446.661 to 446.756 must provide notice under ORS 90.870 if the manufactured dwelling is to be placed in a facility and the seller: (1) Pays a portion of the rent for the dwelling; or (2) Provides financing or assists the b…

(1) A seller subject to ORS 90.865 must give notice by certified mail to the parties listed in subsection (2) of this section prior to the date the manufactured dwelling is delivered to the facility. The notice must be in writing and include: (a) A statement that a portion of the…

If a seller fails to provide notice under ORS 90.870, a buyer, landlord or secured party without actual notice that suffers an ascertainable loss as a result of the failure may bring an individual action to recover actual damages or $200, whichever is greater. [2001 c.112 §4] Not…

A tenancy is deemed to exist under this chapter and ORS 105.115 and 105.120 when one has let real estate as a landlord to another. [Amended by 1987 c.158 §16]

Tenancies are as follows: Tenancy at sufferance, tenancy at will, tenancy for years, tenancy from year to year, tenancy from month to month, tenancy by entirety and tenancy for life. The times and conditions of the holdings shall determine the nature and character of the tenancy.…

A tenancy by entirety and a tenancy for life shall be such as now fixed and defined by the laws of the State of Oregon. [Amended by 1969 c.591 §274]

One who comes into possession of the real estate of another lawfully, but who holds over by wrong after the termination of the term, is considered as a tenant at sufferance. No notice is required to terminate a tenancy at sufferance.

One who enters into the possession of real estate with the consent of the owners, under circumstances not showing an intention to create a freehold interest, is considered a tenant at will. When the rent reserved in the lease at will is payable at periods of less than three month…

One who enters into the possession of real estate with the consent of the owner, and no certain time is mentioned, but an annual rent is reserved, is considered a tenant from year to year. A notice to terminate a tenancy from year to year is sufficient if it is given 60 days prio…

One who holds the lands or tenements of another, under the demise of the other, and no certain time has been mentioned, but a monthly rental has been reserved, is considered a tenant from month to month. Except as otherwise provided by statute or agreement, such tenancy may only …

A tenant entering into the possession of real estate may, by the terms of the lease, fix the date of expiration of the tenancy, and when so fixed, no notice is required to render the holding of the tenant wrongful and by force after the expiration of the term as fixed by the leas…

The failure of a tenant to pay the rent reserved by the terms of the lease for the period of 10 days, unless a different period is stipulated in the lease, after it becomes due and payable, operates to terminate the tenancy. No notice to quit or pay the rent is required to render…

Any person entering into the possession of real estate under written lease, as the tenant of another, may, by the terms of the lease of the person, waive the giving of any notice prescribed by ORS 91.050 to 91.070.

All notices required by ORS 91.050 to 91.070 and by ORS 105.120, must be in writing and must be served upon the tenant by being delivered to the tenant in person or by being posted in a conspicuous place on the leased premises in case of the absence of the tenant, or by being lef…

A tenant is not permitted to deny the title of the tenant’s landlord at the time of the commencement of the relation. [1981 c.892 §85] EVICTION OF NONTENANTS

An employee described in ORS 90.110 (7) may only be evicted pursuant to ORS 105.100 to 105.168 after at least 24 hours’ written notice of the termination of employment or a notice period set forth in a written employment contract, whichever is longer. This section does not create…

(1) As used in this section, “dwelling unit” has the meaning given that term in ORS 90.100. (2) An employee of a resident of a dwelling unit whose occupancy is conditional upon employment in and about the premises, and members of the employee’s household, may only be evicted purs…

A dwelling unit purchaser or seller described in ORS 90.110 (2) may only be evicted pursuant to ORS 105.100 to 105.168 after at least 24 hours’ written notice of the termination of the occupancy or a notice period set forth in a written agreement of sale, whichever is longer. Thi…

An owner or landlord, as defined in ORS 90.100, of a premises may take possession pursuant to ORS 105.100 to 105.168 of the premises from a squatter, as defined in ORS 90.100, after giving the person 24 hours’ written notice of the termination of the occupancy. The notice must sp…

Unless otherwise expressly provided by the lease or terms of holding, all rents reserved under the lease or terms of holding are due and payable in advance. The tenant shall pay or tender payment thereof on or prior to the first day of the rent paying period provided in the lease…

(1) Every person in possession of land out of which any rent is due, whether it was originally demised in fee, or for any other estate of freehold, or for any term of years, is liable for the amount or proportion of rent due from the land in possession of the person, although it …

(1) The Legislative Assembly finds that there is a social and economic need to insure an adequate supply of affordable housing for Oregonians. The Legislative Assembly also finds that the imposition of general restrictions on housing rents will disrupt an orderly housing market, …

When the leasing or occupation is for the purpose of farming or agriculture, the tenant or person in possession shall, after the termination of the lease or occupancy, have free access to the premises to cultivate and harvest or gather any crop or produce of the soil planted or s…

(1) No person shall let or rent any house, room, shop or other building, or any boat, booth, garden or other place, knowing or having reason to believe it will be used for gambling purposes. (2) All contracts for the rent of a room, building or place in violation of subsection (1…

Violation of ORS 91.240 (1) results in a forfeiture of twice the amount of the rent of such building or other place for six months to be recovered by action at law instituted by the district attorney in the name of the state. [Formerly 91.420] UTILITY CLAIMS

(1) As used in this section, “municipal utility” means any city, county or district that provides or delivers electricity, natural gas, domestic water, sewer service or garbage or refuse service. A “municipal utility” does not include a people’s utility district. (2) A utility co…

(1) As used in this section: (a) “Landlord” means the owner, lessor or sublessor of a rental unit or the building or premises of which it is a part, or a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. (b) “Re…

As used in ORS 92.010 to 92.192, unless the context requires otherwise: (1) “Declarant” means the person who files a declaration under ORS 92.075. (2) “Declaration” means the instrument described in ORS 92.075 by which the subdivision or partition plat was created. (3)(a) “Lawful…

No land may be subdivided or partitioned except in accordance with ORS 92.010 to 92.192. [1973 c.696 §2; 1975 c.643 §24]

(1) A person may not create a street or road for the purpose of subdividing or partitioning an area or tract of land without the approval of the city or county having jurisdiction over the area or tract of land to be subdivided or partitioned. (2) Notwithstanding ORS 92.175, an i…

(1) No person shall sell any lot in any subdivision with respect to which approval is required by any ordinance or regulation adopted under ORS 92.044 and 92.048 until such approval is obtained. No person shall negotiate to sell any lot in a subdivision until a tentative plan has…

(1) A lawfully created lot or parcel remains a discrete lot or parcel unless the lot or parcel lines are vacated or the lot or parcel is further divided as provided by law. (2) A lawfully created unit of land remains a lawfully established unit of land following a judgment of a c…

(1) If a person buys a unit of land that is not a lawfully established unit of land, the person may bring an individual action against the seller in an appropriate court to recover damages or to obtain equitable relief. The court shall award reasonable attorney fees to the prevai…

(1) A person may not sell a lot in a subdivision or a parcel in a partition until the plat of the subdivision or partition has been acknowledged and recorded with the recording officer of the county in which the lot or parcel is situated. (2) A person may not sell a lot in a subd…